Question 3DiscussGS2GS1
Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in recent times. Refer to relevant case laws. (Answer in 150 words, 10 marks)
Introduction
Article 25-28 of Part III of the constitution guarantees right to religion, but also places reasonable restrictions to secure constitutional morality.
21 words
Main Body
Role of Judiciary in navigating Between right to Religion and constitutional Morality:
1Judiciary has upheld the principles of equality and social justice, while practicing traditional customs. Eg: Sabarimala Temple case - allowed entry of females to overcome notion of purity and pollution.
2It has ensured complete justice under Article 142 of the constitution. Eg: Ram Mandir Issue - allocated land to Muslim Waqf board to the minority community for mosque.
to the minority community for mosque.
3Judiciary has protected ideals of secularism and non-interference of state in religious matters. Eg: Bal Patil vs UOI case.
4Judiciary's Basic structure doctrine recognises 'secularism' as an inviolable part of the constitution. Eg: S.R. Bommai case 1994.
5Preserved the right to religious expression across all communities. Eg: Karnataka Hijab case, 2023.
132 words1 paragraphs
Conclusion
Therefore, judiciary has preserved the right to religion, along with constitutional ethos, to ensure our country remains an intricate blend of multicultural justice and peaceful coexistence.
26 words
- Relevant and recent case laws cited
- Clear numbered structure
Topper
Ritika Chitlangia
Subject & Paper
GS2GS1
Topic
Indian Polity
Judiciary and Constitutional Morality
Right to Religion vs Constitutional Morality
Writing Stats
179
Total words
1
Paragraphs
Analytical, structured
Tone